Child Injury Lawyer Blog

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Little Friends Daycare, in Johnson County, Kansas is a registered but not licensed day care facility. In Kansas, registered daycares are not inspected by the health department unless there is a complaint. A complaint was lodged recently that the center was taking care of six infants at one time; the daycare is only allowed to care for up to three children under the age of eighteen months.

When inspectors arrived at the daycare facility, they were alarmed to find an infant closed into a back room, still in her car seat and completely covered by three blankets. The owner of the daycare, Lynde Ann Price claims that the child’s parents asked her to keep the child in the car seat because she had bronchitis and they wanted her in an upright position.

But according to inspectors, Ms. Price also told them that she had forgotten the child was in the back room. They also found other infants in rooms with the doors closed, which is a violation of state child care regulations. Ms. Price reportedly said that she was overwhelmed by having too many children to take care of, but believes she was giving them good care.

The daycare has been temporarily closed, and Ms. Price will have to appear before state officials before she is allowed to reopen. Read more about this Kansas City Daycare at Inspectors Shut Down JoCo Day Care, Claim Owner 'Forgot' About Infant.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Grand Forks, Minnesota, a former day care owner (Marsha Brouillet) was sentenced for child abuse charges involving a head injury to a friend's child under her care. The child required a two day hospital stay for injuries resulting in bleeding in the brain and seizures. The mother of the 4 month old child senses that something was wrong with her child and the day care center and sought medical attention for her child. Furthermore, she removed her child from the day care center. The day care owner later admitted to shaking the child without supporting his head. The parents are thankful that the injuries were not worse and they were understandably upset that the day care owner would act in such a reckless and callous manner.

Day care center owners and employees should not work in a day care center or around children if they cannot handle the cries or demands of children. Babies, infants, toddlers, and children will cry. They can also be quite demanding and unreasonable. This comes with the territory. A safe and loving haven should be provided in a day care center. You can read more about this Minnesota matter at Child Suffered Head Injury at Day Care Center.

By Jonathan Safran, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The Alphabet Street Learning Center was the site of child abuse incidents that led to the criminal prosecution and sentencing of a former day care worker. Pamela Coleman, age 42, was sentence to a one year prison sentence. At the sentencing, Judge Coleman stated that he was concerned about the future safety of her children including the one that she was pregnant with. The child victims at the day care center suffered injuries in the form of spiral fractures. These type of fractures typically occur when a child's arm is forcefully twisted. Children should be handled with care and not with force especially in a day care center. You can read more about this story at Former Wisconsin Day Care Worker Gets Prison Sentence for Child Abuse Incidents.
See also Spiral Fracture.

By Jay Foster, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A former day care worker at the New Beginning's Day Care Center in Moselle, Mississippi pleaded guilty to charges of child molestation and sexual battery. Derrick Williams (age 23) received the maximum criminal sentence according to Assistant District Attorney J. Ronald Parrish. The crimes involved the fondling of 4 and 5 year old girls who attended the day care center that was owned by Williams' mother.

It is certainly tragic that children were abused and neglected at a facility that should have been a safe haven and a place of education and fun for the children. It is quite unsettling that parents cannot trust that day care centers will provide for the safety and well being of children under their care. You can read more about this story at Ex Day Care Worker in Moselle, Mississippi Pleads Guilty to Crimes Involving Fondling of Children.

By Jeremy Vishno, Attorney, and David Wolf, Attorney
Published by Child Injury Lawyer Network

A mother in Cantebury, Connecticut was recently arrested after she left her 11 year old daughter home alone for a week. The child's lack of supervision was discovered after she missed school. The mother initially claimed that she was visiting the State of Florida due to a death in the family but later admitted she was in Florida to see her boyfriend. Most people would probably agree that 11 year old children need supervision and that one week is way too long to leave a child to take care of herself. Others may argue that 11 year olds are mature enough to take care of themselves for this period of time. Fortunately, the 11 year old Connecticut girl did not suffer any personal injuries but one must wonder how the 11 year old feels about having a mother leave her for a week to visit a boyfriend. It was reported that the 11 year old girl went to live with her father in New York following this incident. You can see a video about this story at Police: Connecticut Mother Left Child Alone for a Week.

Of course, the mother will have the right to defend herself in the criminal proceedings through a private criminal attorney or a public defender. This story should be used as an illustration as to the importance of providing children with proper and consistent supervision. The failure to act as a responsible parent can lead to serious consequences.

By David M. Baum, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A minivan carrying six passengers recently blew a tire while travelling on the Dan Ryan Expressway in Chicago, Illinois. The minivan spun out of control and slammed into a semi truck trailer. A nine year old girl, a thirteen year old boy, and an adult were ejected from the minivan when it crashed. None of the three were wearing a seatbelt. All three were taken to the hospital and are in critical condition.

The other passengers, two adults and a third child, were wearing seatbelts and were not ejected from the vehicle on impact. The third child was taken to the hospital as well; her condition was not released. According to Chicago police, no citations have been issued in the accident yet.

Many people feel that laws about seat belt use in cars infringe on their personal freedom, but safety belts save lives. Child seat belt and child safety seat laws exist to protect children when they are travelling in automobiles. As a driver, you are responsible to know the laws in your state for securing children, and to ensure that they are properly belted in or in a properly secured child safety seat before getting behind the wheel. Laws also exist that spell out what responsibilities adults have in regard to their own safety belts. These laws need to be followed as well.

Read more about this unfortunate accident that injured three children at 2 children, 1 adult hurt after ejection from spun-out minivan.

By George R. Fusner, Jr. and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Tennessee, children in public and private schools should be educated in a safe environment. Unfortunately, many teachers and school employees have violated the trust of their positions and have engaged in sexual misconduct with children. Whether it happens in high school, middle school or elementary school, it is still wrong and violative of State laws and school board policies and procedures. It was recently reported at the Tennessean Website that a former high school band director returned to jail for the alleged violation of a bond that required him to have no contact with his 16 year old accuser. James Tucker was arrested in December 2009 following an investigation at Summertown High School (Tennessee) for sexual misconduct with the 16 year old student. He was released on bond under the condition that he have no contact with his accuser.

Mr. Tucker has the right to criminal defense representation in the criminal case. The case will turn on the available evidence which will include testimony. While it was not reported one way or another in this particular case, many cases these days also involve electronic / internet / computer evidence in the form of e mails, voice mails and text messages. This evidence often times help prove the criminal conduct as well as the intent of the criminal defendant.

By Al Thiel, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Sergeant Louis Carlos of the Santa Fe, New Mexico Police Department was present at the hospital when the two year old son of Jennifer Stephenson and a Mr. Apodaca was brought into the emergency room with four centimeter welts across the backs of both of his legs. The police officer said it was very hard for him to listen to the child screaming in pain, and even harder to hear what his parents had to say about it.

According to the child’s father, he entered the boy’s room and found him on lying on his bed underneath a chest of drawers. The child’s mother claimed that she didn’t see or hear anything. But doctors told police that the welts are consistent with the child being tightly bound by ropes, and said they suspected abuse or neglect. They added that they may need to amputate the boy’s legs; they have already performed surgery to remove some of the damaged tissue in hopes of saving his legs.

Both Ms. Stephenson and Apodaca have been arrested and charged with child abuse. The child and his little sister are in the custody of the New Mexico Children, Youth and Families Department. Find out more details of this heartbreaking story at Santa Fe Couple Arrested, Accused Of Child Abuse.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

La Petite Academy in Knoxville, Tennessee, has received the highest ranking possible from the State of Tennessee Department of Human Services: three stars. Nevertheless, when a mother recently picked her child up from the daycare, the child would not stop crying. When the mother confronted the daycare director the next day, she learned some distressing news.

According to the mother’s account, her daughter is being toilet trained, and soiled her pull-ups while in daycare. To shame her, one of the daycare workers made her wear a baby diaper and suck on a pacifier while another worker videotaped the child on her cell phone. Also according o the mother, the woman who videotaped the incident has been fired, but the woman who put her child in diapers has not.

The Tennessee Department of Human Services has cited the daycare for improper discipline, and is investigating the daycare. If the daycare is found to have violated state licensing rules, it could face an array of consequences, including civil penalties. The La Petite corporate office has declined to comment on the matter.

Find out more details about the toilet training incident at this Tennessee daycare at High-rated Knox daycare center cited for "improper discipline".

If your child has been abused or neglected by your daycare provider, please contact our Jacksonville, Florida law firm for child injury law counsel.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A young boy is in critical condition from gun injuries he suffered in his own home. The child, whose name and age have not been released to the press, was put to bed in his parents’ bedroom one night. During the night he apparently discovered his father’s loaded firearm in the night stand. The gun went off, piercing the child’s arm and his abdomen.

The child’s father is reported to be Jared Bledsoe, who joined the Las Vegas police department last year. The Abuse and Neglect Detail of the Las Vegas Metropolitan Police Department is investigating the incident. A report will be submitted to the Clark County district attorney, who is responsible for deciding if Bledsoe will be prosecuted or not. The police department Internal Affairs Division will review the case as well.

Nevada state law requires parents to securely store firearms. Like other Nevada parents involved in similar incidents, Bledsoe could be charged with felony child endangerment or felony child abuse and negligence. Read more details about the incident at Son of police officer critical after accidentally shooting himself.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Aaron Pace of Philadelphia, Pennsylvania was babysitting twenty month old Suliaman Orrell Kirkland recently, with other family members present in the home. Pace, who refers to himself as the child’s godfather, allegedly wet a rag with Drano and applied it to the child’s skin to punish him for being uncooperative.

Of course, Mr. Pace and / or any other potential Defendant has the right to advice and counsel from a criminal defense attorney. The district attorney and police department have a duty to investigate deaths of this nature to determine if a crime was committed, the type of crime committed, and the evidence available to prove such a crime. Some child deaths result from inattention, negligence, or just an unfortunate and unpredictable incident. Others result from intentional and reckless acts which should be prosecuted.

Pace’s family members did not witness the alleged Drano incident, but did notice sometime later that Suliaman was injured, and called the child’s mother. She in turn called an ambulance. When paramedics arrived, they found the child covered with chemical burns on his upper extremities. The child was rushed to the hospital in critical condition. He died of his injuries the next day. Pace is being held by police but has not been charged with any crime.

There are far too many stories in the news about children being “punished” by being exposed to toxic household chemicals. These chemicals are very dangerous and can seriously injure or even kill a young child. Parents and caregivers need to understand that injuring a child is not an appropriate disciplinary tool. More details about the tragic death of Suliaman Orrell Kirkland can be found by visiting Police: Babysitter killed toddler with Drano.

By Scott A. Marks, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Anthony Jerome Hall Jr. was accused of beating and stomping his girlfriend’s baby to death while she was at school. According to prosecutors, Hall killed the child late in the evening, telling the mother that he had put the baby to bed before she arrived home. The next morning, after the girlfriend left the house, Hall allegedly stuffed the boy’s body into a plastic trash bag, and then took several trains and a bus to Long Beach, where he tossed the baby in a trash bin.

He then called his girlfriend and told her that the child had been abducted; cutting himself with his own keys to make it look as though he had been attacked. When Hall’s girlfriend called the police, the dispatcher called Hall’s cell phone, and police were able to locate him in Long Beach, where they quickly discovered the body.

Hall admitted to officers that the kidnapping had been a lie, but insisted that the child’s death was an accident. He later told investigators that his girlfriend had killed the child, and then asked him to dump the body. Later on he changed his story again, saying that he had struck the child several times before putting him to bed, and that he had found the boy dead the next morning.

The defense painted Hall as a “fall guy,” who was willing to take the blame for his girlfriend’s actions, and pointed out that there was no physical evidence linking Hall to the child’s death. The case has been turned over to the jury. Find out more the tragic death of a California infant at Baby killing case goes to jurors.

If your child has been injured, please contact our Jacksonville, Florida law firm for child injury law counsel.

By Steven Smith, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Gigi Jordan, a pharmaceutical representative from New York City, recently checked into the Peninsula Hotel in Midtown Manhattan with her eight year old son, Jude Michael Mirra, who has been described as profoundly autistic. While in her hotel room, she allegedly caused her son to overdose on medication, and was herself found unconscious on the floor, surrounded by sheets of paper containing a suicide note and a large amount of prescription medications.

The medical examiner has not yet released an official cause of death for the boy. Ms. Jordan is being held in the hospital and is expected to be arraigned on charges of second degree murder.

According to Ms. Jordan’s friends, she had been consumed with her son’s disorder and had driven herself mad trying to find a cure for him. A self-made millionaire, she apparently flew all over the country trying to find answers from respected research hospitals and universities, to no avail.

Autism activists have denounced Ms. Jordan’s actions, but point out that there is a distinct lack of support for parents with autism, unlike for victims of other diseases. You can read more about this tragic death of an autistic child at Pressures of Raising a Child with Autism Alone Drove Gigi Jordan Mad, Friends Say.

If your child has been injured due to someone else’s negligence, please contact our Jacksonville, Florida law firm for child injury law counsel.

By Steven Smith, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In October 2009, it is alleged that Carmen Huertas drank heavily and then put seven children in a car to take them to a slumber party. A subsequent crash caused the death of 11 year old Leandra Rosado. Leandra’s death inspired a new law to protect children from drunk drivers, and New York’s Governor Paterson has signed it into law. The new law, called Leandra’s Law, makes it a felony to drive drunk when there is a child fifteen years of age or younger in the car. It also requires convicted drunk drivers to have ignition locks on their cars.

The bill is considered one of the toughest drunk driving laws in the nation, and it was approved unanimously by the Assembly and the Senate, and signed into law hours later. All together the bill took less than a month to become law. Leandra’s father, Lenny Rosado, said the law will help him move on from the death of his child, knowing that her tragic death may help save other children. Rosado himself lobbied the legislature to pass the bill. Now, he says the next step in healing is to attend the trial of Ms. Huertas. He then plans to try to get Leandra’s Law passed nationally. Read more of the details of Lenny Rosado’s battle to protect other children from drunk drivers at Leandra's Law official: Driving drunk with child in car felony after death of Leandra Rosado, 11.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Utah and other States, parents have a duty to provide shelter, food, and proper supervision of their children. In addition, parents have a duty to make sure that a child gets a proper education and medical care as well. In Vernal, Utah, KSL NBC TV 5 reported that a 7 year old boy had toe / foot injuries that did not get timely medical care. As a result thereof, amputations of parts of the foot / toes were required. The Division of Child and Family Services and the Uintah County Sheriff's Office investigated this incident and the boy's mother (Michelle Napolitano) and step father (Francis Napolitano) were arrested on charges of inflicting serious injury on a child.

While parents are not held to the standards of doctors and other health care professionals, parents have a duty to act timely and in a reasonable manner. Often times, parents ignore the needs of their children for whatever reason or no reason at all. Small children need guidance and proper supervision from parents. Typically, a 7 year old child is not going to know who to set up a doctor's appointment, arrange for transportation, or otherwise get the help he needs without assistance from a responsible parent or adult.

You can read more about this story at Boy Has to Have Parts of Fee Amputated - Parents Charged.

By Scott A. Marks, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In an effort to keep kids out of foster care, the Los Angeles County Department of Children and Family Services is giving abusive parents accused or suspected of abusing their children a second chance to be good parents to their children. Experts call the experiment, run by the nation’s largest county-run child welfare program, one of the most promising experiments for child welfare. However, it is not without risks; it does place children back into homes that have been deemed unfit.

The program was developed in response to the fact that children in foster care often end up homeless, jobless, and incarcerated as adults. The theory is that the money spent on foster programs would be better spent educating the child’ biological parents to improve their parenting skills.

Los Angeles County is taking advantage of a new federal program which allows them to accept a set amount from the government, rather than an amount determined by how many children are in foster care. Under the program, the county can use any excess funds as they see fit. In some cases, the county may pay for furniture for the child’s room, child care, parenting and anger management classes, and even a bus pass to get to job training classes. If the child moves back in the parent may also be eligible for more housing, food stamp and welfare benefits.

The program seems to be working; in the last decade the county has reduced the number of children in foster care by more than half. And the savings in monthly foster care costs has allowed the county to hire more case workers. Find out more about this foster care avoidance program in California by visiting With time and help, a mom may learn to conquer anger.

By Aaron Edwards, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

After a ninety day investigation into abuse and neglect charges, Paul Jensen, a former Special Needs teacher, was charged with two counts of unlawful neglect towards a child or helpless person. He turned himself in to police.

According to the findings of the investigation, in October 2009, Jensen placed a plastic bag near a student’s face while working as a teacher at Edisto High School in Orangeburg County, South Carolina. He also allegedly tackled a Special Needs student a few months earlier. Jensen was placed on unpaid leave after the incident in October and is no longer employed by the school district.

The victim’s guardian says that he is upset about the alleged incident, and fears that his child will be scarred for life. He says that the incident has also affected the child’s sister. When parents send their children to school they have a right to expect that employees of the school will protect their children and give them a safe environment.

When a school fails to provide a safe environment for a vulnerable student, it can had adverse effects on the child, his family, and the community. Keep up to date on the details of this case by visiting Former Special Needs Teacher Arrested.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A medical study in Pediatrics - Delayed Identification of Pediatric Abuse- Related Fractures - reported that doctors often miss the signs of child abuse and neglect. The study found that doctors, especially those who were not pediatricians or pediatric specialist, often misdiagnosed child abuse type of fractures for accidental fractures. This was especially the case when the victim / patient was a boy. The report indicated that there was a delayed recognition of abusive fractures in children. When a child is abused or neglected, time is often of the essence in removing the child from a dangerous living environment or from the dangerous person whether it is a parent, teacher, child care giver, older sibling, or another child. You can read more about this study at Doctors Overlook Signs of Child Abuse.

Parents should seek medical attention from a pediatric specialist if possible when dealing with fractures that take place at day care centers, schools, and other areas. It is important for a parent to get a clear diagnosis of the injury including the probable cause of the injury.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A Pennsylvania day care owner is facing a criminal trial for the death of a child under her care. Last summer, a 2 year old died from hyperthermia when he was left unsupervised and unattended in a hot car by Rimma Shvartsman. Ms. Shvartsman, through her criminal defense attorney, will present a defense involving a mental infirmity because she had found out just hours before the alleged criminal acts that her thyroid cancer had returned.

Ms. Shvartsman, like all other criminal defenses, are entitled to a jury by her peers and are entitled to put on a defense. Ultimately, a judge and jury will hear all of the facts on the case. Ms. Shrartsman faces a prison term of up to 7 years if she is convicted.

Child care providers and day care providers, who are reckless and grossly negligent in their care of a child, should be subject to criminal prosecution. Each case should be judged on its own facts. You can read more about the incident and charges of this Pennsylvania case at Pennsylvania Tot Dies in Hot Car - Criminal Responsibility.

By Robert Chaiken, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Four year old Dakylie Hamilton and his three year old sister Desean Hamilton were given a battery powered plastic toy all terrain vehicle (ATV) for Christmas this year. According to the Wills Point Police Chief, the two children were not being supervised by an adult when the toy plunged into a creek near their home. They were pulled from the water but were not responsive and could not be revived. The children’s single mother was at work when the accident took place, and the children were supposed to be under the care of their grandmother. Texas Child Protective Services have been alerted, as there are other children living in the home. While the investigation is still underway, police are calling this a tragic accident.

Children of any age need to be supervised by an adult when riding any kind of motorized vehicle. Adults can make sure that the road is clear of debris and other hazards, and enforce proper safety habits like wearing a helmet and keeping the speed of the vehicle under control. You can find out more about this tragic ATV accident that killed two children at Two children die when toy ATV drives into creek in Wills Point.